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(영문) 수원지방법원 성남지원 광주시법원 2018.05.24 2017가단90
청구이의
Text

1. On November 24, 2016, the defendant's decision of Suwon District Court for the plaintiff-appellant 2016Gada15945 decided November 24, 2016.

Reasons

1. Facts of recognition;

A. As of November 24, 2016, the Defendant filed a loan claim lawsuit against the Plaintiff with the Suwon District Court Decision 2016Gau15945, the Defendant rendered a favorable judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 6,600,00 and the interest rate of KRW 15% per annum from October 27, 2016 to the date of full payment” was determined on January 24, 2017.

B. Based on the foregoing final judgment, the Defendant applied for the auction of corporeal movables to the Suwon District Court No. 1373 on September 22, 2017, and received reimbursement of KRW 1,230,000 at the auction procedure.

C. On October 27, 2017, the Plaintiff deposited all of KRW 6,357,933, which was unpaid, among the principal and interest on the debt ordered in the said final and conclusive judgment, by the Suwon District Court No. 10186, the Defendant paid to the Defendant, until it reaches the said final and conclusive judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, the whole purport of the pleading

2. According to the above facts of recognition, since all obligations indicated in the above final judgment have ceased to exist due to the Plaintiff’s deposit of repayment, etc., compulsory execution based on the above name of debt should be denied.

3. In conclusion, the plaintiff's claim of this case is justified, and this is accepted, and the costs of lawsuit are assessed against each party. It is so decided as per Disposition.

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